For the purposes of this Schedule, unless the context otherwise indicates –

“employee” means –

(a)     any person (other than a company) who receives any remuneration or to whom any remuneration accrues;

(b)     any person who receives any remuneration or to whom any remuneration accrues by reason of any services rendered by such person to or on behalf of a labour broker;

(c)     any labour broker;

[Paragraph (c) amended by section 6 of Act 23 of 2015 effective on 8 January 2016] 

(d)     any person or class or category of person whom the Minister of Finance by notice in the Gazette declares to be an employee for the purposes of this definition;

[Paragraph (d) amended by section 66 of Act 60 of 2008 effective on1 March 2009 and section 6 of Act 23 of 2015 effective on 8 January 2016]

(e)     any personal service provider; or

[Paragraph (e) added by section 52 of Act 30 of 2000, substituted by section 66 of Act 60 of 2008 effective on 1 March 2009 and amended by section 6 of Act 23 of 2015 effective on 8 January 2016]

(f)      ………..

(g)     ……….

[Paragraph (g) added by section 19 of Act 19 of 2001 and deleted by section 4 of Act 22 of 2018 effective on 1 March 2019, applies to years of assessment commencing on or after that date]

“employees’ tax” means the tax required to be deducted or withheld by an employer in terms of paragraph 2 from remuneration paid or payable to an employee;

“employees’ tax certificate” means a certificate required to be issued by an employer in terms of paragraph 13;

“employer” means any person (excluding any person not acting as a principal, but including any person acting in a fiduciary capacity or in his capacity as a trustee in an insolvent estate, an executor or an administrator of a benefit fund, pension fund, pension preservation fund, provident fund, provident preservation fund, retirement annuity fund or any other fund) who pays or is liable to pay to any person any amount by way of remuneration, and any person responsible for the payment of any amount by way of remuneration to any person under the provisions of any law or out of public funds (including the funds of any provincial council or any administration or undertaking of the State) or out of funds voted by Parliament or a provincial council;

“labour broker” means any natural person who conducts or carries on any business whereby such person for reward provides a client of such business with other persons to render a service or perform work for such client, or procures such other persons for the client, for which services or work such other persons are remunerated by such person;

“month” means any of the twelve portions into which any calendar year is divided;

“personal service provider” means any company or trust, where any service rendered on behalf of such company or trust to a client of such company or trust is rendered personally by any person who is a connected person in relation to such company or trust, and-

(a)     such person would be regarded as an employee of such client if such service was rendered by such person directly to such client, other than on behalf of such company or trust; or

(b)     where those duties must be performed mainly at the premises of the client, such person or such company or trust is subject to the control or supervision of such client as to the manner in which the duties are performed or are to be performed in rendering such service; or

(c)     where more than 80 per cent of the income of such company or trust during the year of assessment, from services rendered, consists of or is likely to consist of amounts received directly or indirectly from any one client of such company or trust, or any associated institution as defined in the Seventh Schedule to this Act, in relation to such client,

except where such company or trust throughout the year of assessment employs three or more full-time employees who are on a full-time basis engaged in the business of such company or trust of rendering any such service, other than any employee who is a holder of a share in the company or settlor or beneficiary of the trust or is a connected person in relation to such person;

[Words following paragraph (c) substituted by section 7 of Act 39 of 2013 effective on 1 January 2014 and section 6 of Act 23 of 2015 effective on 8 January 2016]

“provisional tax” means any payment in respect of liability for normal tax required to be made in terms of paragraph 17;

[Definition of “provisional tax” substituted by section 6 of Act 23 of 2015 effective on 8 January 2016] 

“provisional taxpayer” means –

(a)       any person (other than a company) who derives income by way of-

(i)      any remuneration from an employer that is not registered in terms of paragraph 15; or

(ii)     any amount which does not constitute remuneration or an allowance or advance contemplated in section 8(1);

[Paragraph (a) substituted by section 5 of Act 16 of 2016 and section 8 of Act 13 of 2017 effective on 1 March 2017 and applies in respect of years of assessment commencing on or after that date]

(b)     any company; and

(c)     any person who is notified by the Commissioner that he or she is a provisional taxpayer,

but shall exclude –

(aa)   any public benefit organisation as contemplated in paragraph (a) of the definition of ‘public benefit organisation’ in section 30(1) that has been approved by the Commissioner in terms of section 30(3);

(bb)   any recreational club as contemplated in the definition of ‘recreational club’ in section 30A(1) that has been approved by the Commissioner in terms of section 30A(2);

[Paragraph (bb) amended by section 7 of Act 44 of 2014 effective on 1 March 2015]

(cc)    any body corporate, share block company or association of persons contemplated in section 10(1)(e);

(dd)    any-

(A)    person in respect of whose liability for normal tax for the relevant year of assessment payments are required to be made under section 33;

(B)    natural person who does not derive any income from the carrying on of any business, if-

(AA)  the taxable income of that person for the relevant year of assessment does not exceed the tax threshold; or

(BB)  the taxable income of that person for the relevant year of assessment which is derived from interest, dividends, foreign dividends, rental from the letting of fixed property and any remuneration from an employer that is not registered in terms of paragraph 15 does not exceed R30 000;

[Item (BB) substituted by section 5(1)(b) of Act 16 of 2016 effective on 1 March, 2017 and applicable in respect of years of assessment commencing on or after that date]

[Paragraph (dd) added by section 18 of Act 8 of 2010, amended by section 7 of Act 44 of 2014 effective on 1 March 2015, substituted by section 6(d) of Act 23 of 2015 effective on 8 January 2016, amended by section 6(e) of Act 23 of 2015 effective on 1 March 2016]

(ee)   a small business funding entity;

[Paragraph (ee) added by section 7(1)(c) of Act 44 of 2014, substituted by section 6(1)(d) of Act 23 of 2015 and amended by section 6(1)(e) of Act 23 of 2015 and by section 6 of Act 24 of 2020]

(ff)     a deceased estate; and

[Paragraph (ff) added by section 6(1)(e) of Act 23 of 2015 and amended by section 6 of Act 24 of 2020]

(gg)   any entity as defined in section 30B that has been approved by the Commissioner in terms of section 30B(2);

[Definition of “provisional taxpayer” amended by section 47(1)(b) of Act 85 of 1974, by section 38 of Act 121 of 1984, by section 44(1)(a) of Act 129 of 1991, by section 53(1)(a) of Act 59 of 2000, by section 46(1)(a) of Act 32 of 2004, by section 49(1)(a) and (b) of Act 31 of 2005, by section 39(g) of Act 20 of 2006, by section 54(1)(c) of Act 8 of 2007, by section 43(b) of Act 3 of 2008 and substituted by section 17(1)(a) of Act 18 of 2009 deemed effective on 1 January, 2009 and applicable in respect of years of assessment ending on or after that date. Paragraph (gg) added by section 6 of Act 24 of 2020]